KENNETH JOSPHAT BAMU V. REPUBLIC

JUDGMENT OF THE COURT

1. This appeal raises one legal issue of whether the appellant was positively identified as one of the perpetrators of a robbery that occurred on the wee hours of 8th day of June, 2009, at Mutindwa Village, Maara District. At the material time, Ronald Munene (PW1) and his wife Hilda Mukwanjeru Kaburu,(PW2), were sleeping and at about 2.00 a.m., they were woken by the sound of dogs barking. Both went to the door to check. They realized they were surrounded by a group of robbers who were armed with pangas. The thugs forced their way into the house by breaking the door. They also smashed the security lights.

2. While inside the house, the thugs assaulted PW1 and threatened to chop his head off and rape PW 2. PW1 was forced to lie on the floor, while PW 2 sat on the bed pleading with the thugs to spare the life of PW1 as he had a family to raise. The thugs ransacked the house and when they came across PW1's police jacket; they demanded to be given his firearm. PW2 cont…